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Winterbottom v. Wright

Law Dictionary
CASE BRIEFS

Law Dictionary

Featuring Black's Law Dictionary 2nd Ed.
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Torts Keyed to Epstein

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Bloomberg Law

Citation. 152 ER 402, Volume 152

Brief Fact Summary. Winterbottom (Plaintiff) was hurt when a coach broke down and threw him to the ground. Plaintiff sued Wright (Defendant), who maintained the coaches for Plaintiff’s employer.

Synopsis of Rule of Law. There must be privity between parties to an action in order for that action to be maintained.


Facts. Defendant contracted with the Postmaster General to keep the coaches in a safe and secure condition. Plaintiff, a coach driver, was driving a coach serviced by Defendant and was hurt when a latent defect caused the coach to break down, throwing him to the ground and injuring him.

Issue. Must there be privity in order for Plaintiff to sue Defendant for negligence?

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